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abeI work with many attorneys all across the United States. Our work is basically two-fold:

  • We help attorneys with appraising and selling assets held in estates, guardianships, bankruptcies and other similar situations.
  • We assist attorneys in significant litigation cases involving auctions and/or auctioneers.

To inquire about our auction services, there is more information about us here: www.mbauctioneer.com. If interested in our litigation assistance, here’s that website: https://auctionlegalconsulting.com/

Often in the latter, we ask the person inquiring (if not an attorney) if he or she has talked to one. In other words, “What did your attorney say?” Many times the inquirer notes that he or she found information on the internet, but that the writing was disclaimed as “not to be relied upon.”

Interestingly, some of the litigation we’ve consulted on has involved auctioneers essentially doing the same thing: Here’s this “Weller Sicard Vase 11.5″ in Pristine Condition but you can’t rely on anything I tell you” (in other words, this might not be Weller and might not be pristine.)

We wrote about this auction phenomenon here: https://mikebrandlyauctioneer.wordpress.com/2015/05/01/as-is-and-fairness/

Attorneys are usually a bit more verbose. For instance, this is an example of any number of attorney disclaimers found on websites, blogs, Facebook and otherwise.

This writing includes general information about legal issues and developments in the law, and such no legal advise is intended. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.

I write a blog expressly about “auctions and auctioneers, with observations on auction law and customary practice,” which is widely read (in a typical day here in early 2016, my blog records about 400 unique visitors and about 500 articles views.)

While I haven’t disclaimed most of my opinions or views of legal issues, particular situations do require examination to determine the material facts. Yet, it would be a stretch to say, “My legal advice must not be taken on any particular set of facts or circumstances.” On the contrary, I hope you can take a topic and reasonably apply it to you own situation.

If an opinion can’t be applied to any particular set of facts, what good is it? My opinions would apply as I’ve described the situation — at the very least — or there would be no reason to read the article.

Given that you need legal advice, it is certainly acceptable to survey the internet for answers, but even better, talk with an attorney so you can answer the question, “What did your attorney say?” more specifically.

Mike Brandly, Auctioneer, CAI, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, Keller Williams Auctions and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College of Business, Executive Director of The Ohio Auction School and Faculty at the Certified Auctioneers Institute held at Indiana University.